The suit claims that Honey Smoked Fish Co. and Lakewood-based Einstein had been in talks to use the company’s branded salmon in the sandwich, but Einstein stopped returning the fish company’s calls.

“Unbeknownst to Honey Smoked Fish Co., the reason (Einstein) ceased communications was that it had decided to steal HSF’s trademark, Honey Smoked Salmon,” according to the complaint filed in U.S. District Court in Denver.

Einstein Noah Restaurant Group is the operator of Einstein Bros. Bagels and Noah’s New York Bagels.

Einstein earlier this month introduced the honey smoked salmon bagel sandwich, noting in a press release that it is “a healthy and delicious option for a wholesome meal on the go.”

Honey Smoked Fish Co., however, says Einstein is using “what appears to be inferior fish from an unknown source.”

“Honey Smoked Fish Co. has invested over 17 years developing goodwill in its Honey Smoked Salmon brand and product line and treats the infringement of those rights very seriously,” said Dorsey & Whitney attorney Greg Tamkin, who is representing the fish company. “The law is designed to protect the public from this sort of confusion where one company attempts to use another company’s brand to promote its products.”

Einstein Noah in a statement said, “We do not believe these claims carry any merit, and will respond in the appropriate legal forum.”

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